RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE A CHARTER REVIEW TASK FORCE (SEE ORIGINAL ITEM UNDER FILE NO. 121396)

Indexes:

CHARTER AMENDMENT

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Board of County Commissioners

8/23/2012

10A13 ALTERNATE

No Motion

REPORT:

Commissioner Heyman said that she supported having a periodic Charter review, but the Task Force members proposed having the next Charter review in 2013. She noted the next general election would be held in 2016; therefore, she put forth an Alternate Item which provided that the next Charter review would be held in 2015.
Chairman Martinez pointed out that the Charter did not provide that a Charter review had to be held; what it provided was that the Commission could convene a Charter review every five years.
County Attorney Cuevas clarified that the Commission members only had to consider whether they wished to appoint a Charter Review Task Force; they did not have to in fact appoint a Task Force every five years.
Agenda Item 10A13 died for lack of a motion.

Board of County Commissioners

7/17/2012

10A13 ALTERNATE

Deferred

8/23/2012

P

Office of the Chairperson

7/16/2012

Additions

County Attorney

7/13/2012

Assigned

Oren Rosenthal

Legislative Text

TITLE

RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE A CHARTER REVIEW TASK FORCE

BODY

WHEREAS, The Board of County Commissioners pursuant to Section 9.07 of the Miami-Dade County Home Rule Charter desires to place the attached Charter amendment before the electors of Miami-Dade County on the November 6, 2012 General Election ballot,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida in conjunction with a General Election on Tuesday, November 6, 2012, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
CHARTER AMENDMENT
RELATING TO CHARTER REVIEW TASK FORCE

SHALL THE CHARTER BE AMENDED TO MANDATE CONVENING, COMMENCING JUNE 1, [[2013]]>>2015<
YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.

OTHER

MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-92

GENERAL PROVISIONS

* * *

Section 9.08. [[REVISIONS]] CHARTER REVIEW TASK FORCE

[[At least once in every 5 year period the Board shall review the Charter and determine whether or not there is a need for revision. If the Board determines that a revision is needed, it shall establish a procedure for the preparation of a proposed revision of the Charter.]] >>Commencing June 1, [[2013]]>>2015<>Any proposal<< [[proposed revision]] >>that is approved by a simple majority vote of the Charter Review Task Force members present<< shall then be presented to the Board for review, modification and approval[[. If the Board]] >>and if<< approve[[s]]>>d<< [[such proposed revision, either with or without modification, it]] shall >>be<< present>>ed<< [[such proposed revision]] to the electorate >>at the General Election<> The result of all elections on any proposed amendment or revision shall be determined by a majority of electors voting on the amendment or revision.<<

1 The differences between the alternate and the original item are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.